Public International Law

15–20 April 2018: CIL Director Lucy Reed Speaks at ICCA Congress and AMINZ-ICCA International Arbitration Day

CIL Director Lucy Reed spoke on the opening plenary panel of the bi-annual Congress of the International Council for Commercial Arbitration (ICCA) in Sydney, Australia. The panel theme was ‘Law-Making in International Arbitration: What Legitimacy Challenges Lie Ahead?’, and Professor Reed spoke on arbitration tribunals as lawmakers. Professor Stephan Schill of the University of Amsterdam …

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Exploring the Interpretative and Jurisdictional Consequences of Including an Investment Chapter in a Free Trade Agreement

This book chapter by CIL researchers explores the interpretative experience of NAFTA tribunals with the investment chapter in the context of a multi-chapter North American Free Trade Agreement.  The chapter is part of the book Jurisdiction Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles, which discusses the jurisdiction, admissibility and choice of law …

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The New EU-Led Approach to Investor-State Arbitration: The Investment Tribunal System in the Comprehensive Economic Trade Agreement (CETA) and the EU–Vietnam Free Trade Agreement 

CETA and the EU–Vietnam FTA are the first treaties to specify new rules governing the identity, requisite qualifications and tenure of arbitral members, and provide a more extensive review function through a two-tiered investment tribunal system (ITS). These treaties signal a shift towards a more public and judicialized system, akin to that of many national …

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The Bifurcation of Jurisdictional and Admissibility Objections in Investor-State Arbitration

The practice of arbitral tribunals is notably consistent with respect to articulating the fundamental values which need to be balanced in deciding whether to bifurcate preliminary objections with respect to jurisdiction or admissibility. Moreover, there is substantial consensus on the issues or factors which ought to be evaluated by arbitral tribunals exercising their discretion under …

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The Impetus for the Creation of an Appellate Mechanism 

By design, investor-State arbitration affords no possibility of review for errors of law for arbitral awards rendered under the ICSID regime, and rarely pursuant to judicial review for non-ICSID processes. The long-standing ‘one-kick-at-the-can’ nature of international arbitration has generated concerns from some critics, which in turn have coalesced into a call for the creation of …

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Towards a New Horizon in Investor–State Dispute Settlement? Reflections on the Investment Tribunal System in the Comprehensive Economic Trade Agreement (CETA)

The Comprehensive Economic Trade Agreement (CETA) between Canada and the European Union is the first treaty to specify new rules governing the identity and tenure of arbitral members and provide a more extensive review function through a two-tiered investment tribunal system (ITS). CETA signals a shift towards a more public and judicialized system, akin to …

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5 April 2018: Research Associate Ms Melissa Loja Presents at Annual Meeting of the American Society of International Law

Research Associate Ms Melissa Loja presented her research paper at the New Voices Panel at the 112th Annual Meeting of the American Society of International Law in Washington DC. Ms Loja’s paper was about international agreements between non-state actors. Her paper discussed international agreements that national petroleum corporations such as Petronas, PetroVietnam, PetroleumBrunei and China …

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International Law Year in Review Conference 2018 Newsletter

The Centre for International Law organised its inaugural International Law Year in Review conference on 8 February 2018. The conference gave insights into the latest developments in international law, particularly developments that affect Singapore and the region. This newsletter summarises the conference proceedings, including the literary lunch session with Cultural Medallion recipient Mr Haresh Sharma.